Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-01-03

freights from being and being treated as
one continuous carriage from the place OF
shipment to the place of destination, IN
less such break, stoppage or interruption
was made in good faith for some neces-
sary purpose, and without any intent to
avoid or unnecessarily interrupt such
continuous carriage, Or to evade any OF
the provisions of this act.
LIABILITY FOR DAMAGES
SEC. s. That in case any common car
rler subject to the provisions OF this set
shall do, cause to be done, or permit to
be done, any ac-, matter, or thing, in this
act prohibited or declared t. be unlawful,
or shall omit to do any act, matter, or
thing, in this act required to be done,
such common carrier shall be liable to the
person or persons injured thereby for the
full amount of damages sustained in
consequence ef any such violation of the
provisions of this act, together with a
reasonable counsel or attorneys fee, to
be fixed by the court in eveSy case of re-
covery, which attorneys fee Shall be
taxed and collected as part OF the costs in
the case.
COMPLAINT TO COMMISSIONERS or AC-
TON IN COURT.
Sec. 9. That any person or persons
claiming to be damaged by any common
carrier subject to the provisions of this
act may either make complaint to the
commission as hereinafter provided for,
or may bring suit in his or their own be-
half for the recovery of the damages for
which such common carrier may be liable
under the provisions of this act in any
district or circuit court of the
United States of competent juris-
diclion; but such person or persons
shall not have the right to pursue
both of said remedies, and must
in each case elect which one Of
the two methods of procedure
herein provided for he or they will
adopt. In any such action brought for
the recovery of damages the court before
which the same snail be pending may
compel any director, officer. receiver,
trustee, or agent Of the corporation or
company defendant in such suit to at end,
appear, and testify in sucn case, and may
compel the production of the books and
papers Of such corporation or company
party to such suit; the claim that any
such testimony or evidence may tend to
criminste the person giving such evidence
shall not excuse such witness from testi-
flying, but such evidence or testimony
shall not be used against such
person on the trial of any criminal pro-
ceeding.
PENALTY FOR VIOLATION OF THIS ACT.
Sec. 10. That any common carrier SUBJ
ject to the provisions of this act, or,
whenever such common carrier is cor
pors ion, any director or officer thereof,
trttc
person acting for or employed BY such
corporation, who, alone or with any other
corpUrstion, company, person or party,
shall wilfully do or cause 10 be done, or
shall willingly suffer or permit to be done,
any act, matter or thing in this act pro-
hibited or declared to be unlawful, Or
who shall aid or abet therein, or shall
wiliully omit or fail 10 do any act, mat
ter, or thing in this act required to be
done, or shall cause or willingly suffer or
permit any act, matter, or thing so di-
rected or required by this act to be done
not to be so done, or shall aid or abet
any such omission or failure, or shall be
guilty of any infraCtIun of this act, or
shall aid or abet therein, shall be deemed
guilty of a miSdemeanor, and shall, upon
Conviction thereof in any dis trict court of
the United States within the jurisdiction
OF which such offense was committed, be
subject to fine of not to exceed $4,000
for each offense.
THE NATIONAL RAILROAD COMMISSION
Sec. IL. That commission is hereby
created and established, to be known as
the interstate comm rec commission,
which shall be composed of five commits
sioners, who shall be appointed by the
president, by aud with the advice and
consent of the senate. The commission
ers first appointed under this act shall
continue in Office for the term OF two,
three, four, five, and six years, respect
lveIy, from the LIST day of January, A d
1887, the term of each to be designated
by the president; but their successors
shall be appointed for terms of six years,
except that ary person chosen to fill
vacancy shall be appointed only for the
un-IpIred time of the Commissioner whom
he shall succeed. ANY commissioner may
be removed by the president for lneft-
cheney, neglect of duty, "r malfeasance in
office. Not more than three of the COM
mi.sione shall be appointed from the
same political party. No person in the
employ Of or holding any official relation
to any common carrier subject TO the pro-
visions of this act, or owning stock or
bonds thereof, or VINO is in any manner
pecuniarily interested therein, shall enter
upon the duties OF or hold SUCH office.
Said commissioners shall not engage in
any other business, vocation or employ
ment. No vacancy in the commission
shall impair the right of the rem aiming
commissioners to exercise all the powers
Of the commission.
POWERS OF TIE COMMISSION.
Sec. u. That the commission hereby
created shall have authority to inquire
into the management of the business Of
all common carriers SUBJECT to the pro-
visions Of this act, and shall keep itself
as to the manner and NEIL bod in
which the same is conducted, and snail
ave the right TO obtain from such COM
mon carriers full and complete informa-
ton necessary to enable the commission
to perform the duties and carry out t e
objects for which it was created; and
for the purposes Of this act the Commits
sion shall have power to require the
attendance and testimony of wit
nesses and the production of all
books, papers, tariffs, contracts, agree
ments and documents relating to any
matter under investigation, and to that
end may invoke the aid of any court of
the United S stes In requiring the at
tendance and testimony Of witnesses and